Last updated: August 26, 2025

These Terms of Service (“Terms”) govern your access to and use of Landow Performance (“LP,” “we,” “us,” or “our”) website, programs, memberships, classes, coaching, digital products, and related services (collectively, the “Services”). By using our Services, you agree to these Terms. For clarity, your browsing and general use of our website are governed by these Terms, while purchases and use of products/services may be subject to separate terms that will be presented at checkout (for example, an End User License Agreement (“EULA”)). 

1) Who we are & how to reach us

Landow Performance, 7347 S. Revere Pkwy Unit B-400, Centennial, CO 80112
Email: [email protected] • Phone: +1(720) 550-8070

2) Eligibility & accounts

The Site is controlled and operated from the United States and is directed to U.S. visitors 18 years of age and over. If you access the Site from outside the U.S., you do so at your own initiative and are responsible for compliance with applicable local laws. The English-language version of these Terms controls over any translation.

You must be at least 18 to create an account and purchase without a parent/guardian. For youth athletes, a parent/guardian must review our liability waiver prior to athlete participation. 

3) Health & safety

Training involves physical exertion and inherent risk. You agree to:

• Consult a physician before starting any exercise program.

• Stop participating and notify a coach if you experience pain, dizziness, or other concerning symptoms.

• Follow all instructions, posted rules, and coach guidance.

Assumption of Risk: You knowingly and voluntarily accept the inherent risks of training, including but not limited to strains, sprains, falls, and equipment-related injuries.

Release & Waiver: To the fullest extent permitted by law, you release and hold harmless Landow Performance, its owners, coaches, and staff from claims arising out of your participation, except where caused by our gross negligence or willful misconduct.

(You will be asked to sign additional in-facility waivers before participating. All youth participants require a waiver signed by a parent/guardian.)

Nothing in these Terms limits liability for personal injury or for gross negligence or willful misconduct to the extent such limitations are not permitted by law.

4) Not medical advice

Our coaches are performance professionals, not medical providers. Content and coaching are educational and athletic in nature and are not a substitute for medical diagnosis, treatment, or physical therapy.

5) Scheduling, cancellations, and facility rules

• Scheduling: Bookings are first come, first served. We may modify class times, coach assignments, or class capacity.

• Cancellations/No-shows: Please cancel within 24 hours to avoid a charge or loss of session credit.

• Closures: We may close or limit access for maintenance, weather, or events. We’ll communicate changes via email/text when possible.

• Conduct: Be respectful; no harassment, unsafe behavior, or damage to property.

• Autograph policy: We are proud to train high performers at every level, including professional and elite athletes. To maintain a professional environment for all members, we ask that you do not request autographs or photos from athletes while in the facility. Please do not request athletes' personal contact information or approach athletes for promotional purposes. We may ask anyone who disregards this policy to leave or, if needed, review or suspend membership.
• Prohibited website and digital services conduct: No scraping, hacking, or security testing of our site; no introducing malware; no impersonation; no unlawful, harassing, defamatory, or infringing activity; and no use of the site to send unsolicited messages (“spam”). Additionally, you agree not to (i) probe, scan, or test the vulnerability of the Site or any network; (ii) circumvent or attempt to circumvent any security or authentication measures; (iii) remove, modify, or obscure any proprietary rights notices on the Site; (iv) spider, “screen scrape,” “database scrape,” harvest, or otherwise attempt automated or manual means to access, log in to, or obtain data from the Site beyond your authorized use; (v) transmit content with false or misleading indications of origin or endorsement, or that encourages injury or infringement of others’ rights; or (vi) violate privacy rights or other rights under applicable law.

6) Memberships, passes, and digital products

• Recurring monthly memberships: Renew automatically each billing cycle until canceled. You authorize recurring charges to your payment method.

• Session packs: 20-session packs expire one year from date of purchase; 10-session packs expire 6 months from date of purchase. Prices vary by coach.

• Freezes: You may request a temporary hold on your membership or session pack for injury/travel with documentation. 
• Digital content & app access: Access is for personal use only; don’t share logins or redistribute content. We may revoke access for sharing, reselling, or other misuse. Certain digital offerings may be governed by additional terms (for example, a EULA) presented during checkout or account setup, which are incorporated by reference and will apply in the event of a conflict.

7) Pricing, payments, and PCI

All prices are in U.S. dollars and may change prospectively. Taxes may apply. We process payments using PCI-DSS–compliant providers; we do not store full card numbers. You’ll see a PCI Compliance Seal at checkout.

If a charge fails, we may attempt to re-bill and/or suspend access until payment is resolved.

Effective September 1st, 2025, a Flex Fee will be introduced to each credit card and/or ACH transactions to help support our ongoing efforts and ensure we can continue providing exceptional service to our community.

The new fees will be as follows:

• 3% per transaction for credit card payments
• $0.99 for ACH payments

To cover the cost of processing a credit or charge card transaction, and pursuant to section 5–2–212, Colorado Revised Statutes, a seller or lessor may impose a processing surcharge in an amount not to exceed the merchant discount fee that the seller or lessor incurs in processing the sales or lease transaction. A seller or lessor shall not impose a processing surcharge on payments made by use of cash, a check, or a debit card or redemption of a gift card.

8) Refunds

• Recurring memberships: Billed periods are non-refundable once started, unless required by law.

• Session Packs: Refunds for unused sessions in a session pack may be issued upon request, if the session pack has not expired yet. 

• Programs/camps: Refunds follow the policy listed at checkout (e.g., deadlines, transfer options).

• Digital products: Due to immediate access, all sales are typically final. See the product page for any exceptions.

Chargebacks without first contacting us may result in account suspension.

9) Communications: email & SMS

When you create an account or become a member, you agree to receive transactional communications from us (such as receipts, schedule confirmations, policy updates, and account notices). Transactional emails and texts are required to deliver your membership, and cannot be opted out of.

We also send marketing emails and texts by default (e.g., promotions, program updates, and new service announcements). You may unsubscribe from marketing emails at any time using the link in the message, and you may opt out of marketing texts by replying STOP. Message/data rates may apply for texts.

If you are located outside the United States, you may be asked to give additional consent where required by local law.

10) Photos, video, and testimonials

We periodically capture photos/video in the facility to feature on our social media channels and website.

• Opt-out: Tell a staff member on arrival or email [email protected] if you wish to opt out of being photographed or filmed by Landow Performance.

• Testimonials: Testimonials you submit for our website and social media may be edited for length/clarity and used with your first name and last initial unless you request otherwise.

• User-generated content license: If you submit, upload, or tag us in online content (e.g., reviews, comments, photos, videos), you grant LP a royalty-free, worldwide, transferable license to use, reproduce, modify, publish, display, and distribute that content for marketing and operational purposes, in any media now known or later developed, subject to your privacy choices and any permissions required for minors. You represent and warrant that you own or otherwise have all necessary rights to the content you submit and that your submissions comply with applicable law. 
• Social media notice: Public social feeds are not private. Comments posted on third-party platforms (e.g., Meta/Instagram, YouTube) are governed by those platforms’ terms and privacy policies. Our Privacy Policy does not apply to external social platforms that we do not control; report offensive or inappropriate content appearing on those platforms to the platform operator. If you see such content on our own Site features, please report it to us using the contact information above.

11) Intellectual property & acceptable use

All programs, videos, text, logos, and other content are owned by LP or our licensors and protected by law. You may not copy, distribute, resell, train AI models on, or create derivative works from our content without written permission.

You agree not to misuse the Services (e.g., no scraping, reverse engineering, security testing, or illegal activity). You may view and print limited copies of site content for your personal, non-commercial use; all other rights are reserved. 

Our names, logos, and other trademarks (the “Trademarks”) are owned by us or our licensors and may not be used without prior written permission; nothing on the Site grants any license to use Trademarks. If you believe content on our Site infringes your intellectual property, please notify us at the email above with sufficient detail to identify the material so we can consider appropriate takedown procedures.

12) Third-party services

We integrate with platforms like Zen Planner (scheduling/membership/communications) and related payment processors. We also use Kajabi to host parts of our website and digital content. Your use of those services may be subject to their terms and privacy policies.

External links: Our site may link to third-party websites. We don’t control or endorse those sites and aren’t responsible for their content or policies. We may terminate any link at any time without notice.

13) Disclaimers; limitation of liability

The Services are provided “as is.” To the fullest extent allowed by law, we disclaim implied warranties (merchantability, fitness for a particular purpose, non-infringement). We do not warrant that the Site or its content will be accurate, complete, current, error-free, uninterrupted, or free of viruses or other harmful components; reliance on any Site content is at your own risk. If you are dissatisfied with the Site or its content, your sole remedy is to discontinue use.

To the extent allowed by law, LP’s total liability for any claim is limited to the amount you paid to LP in the 12 months before the claim. We will not be liable for any indirect, special, incidental, consequential, or punitive damages (e.g., lost profits, lost data), even if we’ve been advised of the possibility of such damages. These limitations do not apply where prohibited by law, including for personal injury claims or damages caused by gross negligence or willful misconduct.

14) Indemnification

You agree to indemnify and hold LP harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services or breach of these Terms. We may, at our expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

15) Resolving disputes

Before filing a claim, let’s try to work it out—email [email protected]. If we can’t resolve it informally, disputes will be governed by Colorado law and handled in the state or federal courts located in Arapahoe County, Colorado, unless applicable law requires otherwise. To the extent permitted by law, any claim or cause of action must be filed within one (1) year after it arose.

16) Changes to the Services or Terms

We may update classes, features, or pricing. We may modify these Terms prospectively; material changes will be posted here with a new “Last updated” date and, when appropriate, sent by email. Your continued use of the Site or Services after changes are posted constitutes your acceptance of the revised Terms.

17) Privacy

Your use of the Services is also governed by our Privacy Policy. Please review it.

18) Termination

We may suspend or terminate your access to some or all Services (including accounts) at any time if we reasonably believe you’ve violated these Terms, engaged in fraud or misuse, or if we discontinue Services. We may also, at any time and without notice or liability to you, terminate, change, suspend, add to, or discontinue any aspect of Services or your right to use them. You may stop using the Services at any time; sections that by their nature should survive (e.g., IP, payments, refunds, disclaimers/limitations, indemnity, disputes) will continue to apply.

19) Miscellaneous

Severability: If any part of these Terms is found unenforceable, the rest remains in effect.
No waiver: Our failure to enforce a term isn’t a waiver of that term. Neither any course of conduct between the parties nor trade practice will modify these Terms.
Assignment: You may not assign your rights or obligations under these Terms without our consent; we may assign ours without notice.
Headings / “including”: Headings are for convenience only; “including” means “including, without limitation.”
Entire agreement: These Terms and our Privacy Policy are the entire agreement for website/services use (in-facility waivers and specific product terms may also apply). If separate terms (for example, a EULA) are presented for a particular product or service, those terms will govern that offering and control in the event of a conflict with these Terms.